Berry v. Wittenburg

BAUGH, Justice.

Berry, a real estate broker, sued Witten-burg for a broker’s commission on the sale of 687 acres of land in Mills County at $15 per acre to E. J. Ward. Trial was to the court without a jury and judgment rendered that Berry take nothing; hence this appeal.

Numerous assignments were filed but only two questions are presented: (1) Whether the trial court erred in finding that Conoley and not Berry was the procuring cause of the sale of said land; and (2) Whether certain testimony of Ward was admissible.

The material facts are not controverted. Wittenburg owned the land and had it…